Book contents
- Leniency in Asian Competition Law
- Leniency in Asian Competition Law
- Copyright page
- Contents
- Tables and Boxes
- Contributors
- Preface and Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Leniency in Historical, International and Theoretical Context
- Part III Leniency Programmes in Selected Asian Jurisdictions
- 5 The Original Leniency Programme of Japan
- 6 Negotiated Leniency in Japan Embedded in Ever-Increasing Sanctions
- 7 The Law and Policy on Cartels and Leniency in Korea
- 8 The Leniency Programme in Taiwan
- 9 The State Administration for Market Regulation and Its Leniency Programme
- 10 Leniency Policy in Singapore
- 11 The Leniency Programme in Malaysia’s Competition Regime
- 12 Hong Kong’s Revised Leniency Policy and Its Potential to Deter Cartels
- 13 The Leniency Programme under the Indian Competition Law
- 14 Cartel Defection in the Philippines through Leniency
- 15 The Absence of a Leniency Programme in Thai Competition Law
- Part IV Concluding Remarks
- Appendix Schematic Overview of the Leniency Programmes from Korea, Japan, Singapore, China, India, Taiwan, Malaysia, Hong Kong and the Philippines
- Bibliography
- Index
11 - The Leniency Programme in Malaysia’s Competition Regime
A Critical Evaluation
from Part III - Leniency Programmes in Selected Asian Jurisdictions
Published online by Cambridge University Press: 15 September 2022
- Leniency in Asian Competition Law
- Leniency in Asian Competition Law
- Copyright page
- Contents
- Tables and Boxes
- Contributors
- Preface and Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Leniency in Historical, International and Theoretical Context
- Part III Leniency Programmes in Selected Asian Jurisdictions
- 5 The Original Leniency Programme of Japan
- 6 Negotiated Leniency in Japan Embedded in Ever-Increasing Sanctions
- 7 The Law and Policy on Cartels and Leniency in Korea
- 8 The Leniency Programme in Taiwan
- 9 The State Administration for Market Regulation and Its Leniency Programme
- 10 Leniency Policy in Singapore
- 11 The Leniency Programme in Malaysia’s Competition Regime
- 12 Hong Kong’s Revised Leniency Policy and Its Potential to Deter Cartels
- 13 The Leniency Programme under the Indian Competition Law
- 14 Cartel Defection in the Philippines through Leniency
- 15 The Absence of a Leniency Programme in Thai Competition Law
- Part IV Concluding Remarks
- Appendix Schematic Overview of the Leniency Programmes from Korea, Japan, Singapore, China, India, Taiwan, Malaysia, Hong Kong and the Philippines
- Bibliography
- Index
Summary
Malaysia’s competition law came into force in January 2012. Detailed guidelines on the leniency programme were published in October 2014. Despite the leniency programme being designed based on best practices found in more mature competition regimes and the International Competition Network, the leniency programme has been underutilised in the cartel cases investigated in Malaysia. The underutilisation of the leniency programme could be due to the enforcement agency having too many discretionary powers. Another reason could be the lack of immunisation from civil proceedings. De facto government oversight and spillovers from deterioration in the country’s state of governance in the past could also have affected the public’s perception of quasi-independent commissions. This is reflected in the perceptions of the business community of courts and corruption in the country.
Keywords
- Type
- Chapter
- Information
- Leniency in Asian Competition Law , pp. 284 - 301Publisher: Cambridge University PressPrint publication year: 2022